Re: [wg-c] Pre-sold TLDs

[Paul Garrin <pg@name-space.com>]

>Karl Auerbach wrote:
>
> If ICANN claims immunity from monopoly concerns as a result of its
> government umbrella, I would wonder where the government agency involved
> has the statutory power to grant such a monopoly right to make what, as I
> mentioned above, is a purely policy decision that is devoid of any
> technical content.

The decision in Name.Space v. NSI depends on the acceptance/recognition
by the court of the "statutory power" of the DoC to grant NSI immunity
for their "conduct in this case". How would the situation differ under
ICANN, since the issue of access to the root is essentially the same as
it was in our antitrust claim against NSI?

I don't believe that such statutory power does exist within the DoC
to grant such immunity, and in our case we argued such, but apparently
the court did not agree.

regards,

Paul